Delhi High Court grants injunction to Blue Heaven Cosmetics over IP infringement of eyeliner
Introduction
Blue Heaven Cosmetics had filed a suit against Shivani Cosmetics for infringement of registered trademark / trade-dress / copyright/writing style/color combination/label/packaging / passing off goods, delivery up, rendition of accounts of profits, and other ancillary reliefs.
Facts
As we all know, when it comes to cosmetics products, most people’s first choice is blue heaven, because of its quality and reasonable price. Blue heaven is a private limited company dealing in the manufacturing and marketing goods falling in Class-03 and 35 under the provisions of the Trade Marks Act, 1999 under the registered trademarks ‘BLUE HEAVEN’ (word mark as well as formative marks) since 1972.
The defendants are also in the same business of making cosmetics products. The plaintiff keeps changing the packaging/labels of its products from time to time to adapt to competition in the market and has protected its rights in such packaging/label etc., by seeking successful registrations.
Also read: Fashion designer Sabyasachi Mukherjee granted injunction for infringement of his designer lehengas
Issue
One unique mark of the plaintiff is “BLUE HEAVEN GET BOLD” Eyeliner (word mark and formative marks) which was adopted sometime in the year 2020. On 12th December 2021, the plaintiff came across an eyeliner of the defendant company, a replica of the plaintiff’s registered trademark.
The impugned product, i.e., the eyeliner in question, is deceptively and confusingly similar to the plaintiff’s ‘Blue Heaven Get Bold’ product, a registered trademark. The plaintiff also cited its annual sales and advertising figure to support its contentions. Upon evaluating the plaintiff’s trademark product with the defendant’s product, it is prima facie evident that the defendant copied the trademark and the trade dress/ copyright /writing style/ color combination/ label/packaging / overall get up of the plaintiff’s mark.
Also read: Gucci secures injunction for famous green and stripes logo
Visual depiction of the similarity between the products in question:
Order
Based on the plaintiff’s submission, Justice Sanjeev Narula of the Hon’ble Delhi High Court granted an ex-parte order restraining the defendant from using the mark “CANDY GET BOLD EYELINER” till the next date of hearing.
Comments
As Blue Heaven is one of the trusted brands of India, in case the Court would not have granted an injunction, they would face irreparable loss. The defendant, in this case, cannot justify the type of confusion created, as they are in the same business, and we’re aware of the overwhelming reputation of the Blue Heaven cosmetics. The defendant has been trying to threaten and ride upon the goodwill and importance of the plaintiff’s products. However, Blue Heaven is still a well-known cosmetic brand, and no other brand other than the registered owner can use it without the owner’s permission.
Authored by: Sneha Singh; student of Manipal University, Jaipur
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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